Understanding Asset Forfeiture

Facing asset forfeiture can be a terrifying experience. It’s a legal process where the government attempts to seize property believed to be connected to criminal activity, even if you haven’t been formally charged with a crime. At Rucci Law, we understand the immense stress and potential financial devastation this can cause. Many California residents are unaware of the complexities of asset forfeiture laws and the significant rights they are entitled to.

Unlike traditional criminal proceedings, asset forfeiture often operates with a streamlined process and a presumption of guilt. The government doesn’t need to prove you committed a crime to seize your assets. This is why a strong legal defense is absolutely crucial.

How Asset Forfeiture Works – And Where You Can Fight Back

The government typically initiates an asset forfeiture case under two main statutes: Title 18 U.S. Code § 981 (federal) and California Revised Code § 292.12 (state). Often, these cases arise from drug offenses, money laundering, or other crimes. However, assets can be seized even if you weren’t directly involved in the illegal activity.

Here’s a breakdown of the common steps:

• Administrative Forfeiture: This is the most common route. The government presents preliminary evidence suggesting a connection between your assets and criminal activity.
• Contested Forfeiture: This requires a court hearing where you have the opportunity to challenge the government’s evidence.

Your Constitutional Rights & Our Aggressive Defense

At Rucci Law, we vigorously protect your constitutional rights throughout the asset forfeiture process. Specifically, we focus on:

• The Exclusionary Rule: Evidence obtained illegally is often inadmissible in court.
• The Due Process Clause: We ensure the government follows proper procedures and provides you with a fair hearing.
• The Fifth Amendment: Protecting your right to remain silent and preventing self-incrimination.

We understand that government overreach can occur, and we are relentless in challenging the government’s claims. We scrutinize the evidence, investigate the circumstances surrounding the seizure, and build a strong defense to safeguard your financial future. Don’t face this battle alone. Rucci Law provides experienced, aggressive representation focused on protecting your rights and assets.

Contact Rucci Law today for a free consultation. Let us explain your rights and develop a strategic defense plan.